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B
c
D
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[2014] 3 S.C.R. 780
KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE
(D) BY LRS. & ANR.
v.
TARABAI PRABHAKARRAO NALAWADE & ORS.
(Civil Appeal No. 3867 of 2014)
APRIL 4, 2014
[SURINDER SINGH NIJJAR AND A.K.SIKRI, JJ.]
JUDGMENT:
Amendment in judgment - Held: Para 22 of judgment
dated 14.3.2014 is amended to the effect that the judgment
of trial court is confirmed on Issue No. Ill also and suit of
plaintiffs stands dismissed.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
3867 of 2014.
From the Judgment and Order dated 23.03.2009 of the
High Court of Bombay at Aurngabad in FA No. 468 of 2004.
Chandan Ramamurthi for the Appellants.
Preshit Surshe (Mentioned By), Shivaji M. Jadhav, Naresh
Kumar for the Respondents.
F
The following Order of the Court was delivered
ORDER
1. On 27th March, 2014, we had directed to delete the
following words in paragraph 22 of the Judgment delivered on
G 14th March, 2014 in Civil Appeal No.3867 of 2014 [Arising out
of Special Leave Petition (Civil) No.27916 of 2009]:
H
"and set aside the findings recorded by the trial court on
Issue No.Ill."
780
KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE
781
(D) BY LRS. v. TARABAI PRABHAKARRAO NALAWADE
2. However, inadvertently, the following line in the said
A
paragraph is deleted:
"The judgment of the Trial Court is confirmed on Issue No.
Ill also."
3. Let the necessary amended be made and the amended
8
paragraph 22 of the said judgment will read as follows:
"22. In view of the aforesaid, we allow the appeal. The
judgment of the Trial Court is confirmed on Issue No. Ill also.
Consequently, the suit filed by the plaintiffs (respondents herein)
C
shall stand dismissed."
R.P.
Judgment modified.
Lex